Legislature(1999 - 2000)

02/11/2000 10:11 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 186(HES)                                                                          
"An Act relating to a University of Alaska post-                                                                                
secondary education savings program, to the Alaska                                                                              
Higher Education Savings Trust, and to the Alaska                                                                               
advance college tuition savings fund; and providing                                                                             
for an effective date."                                                                                                         
                                                                                                                                
                                                                                                                                
SENATOR T. KELLY as prime sponsor came forward to testify                                                                       
on SB 186.  He stated that because of recent tax                                                                                
legislation passed by Congress, which was a new IRS rule                                                                        
designed to encourage individual savings for higher                                                                             
education, over 40 states have enacted or are in the                                                                            
process of establishing tax deferred savings programs.  He                                                                      
added that this legislation continues a long Alaska                                                                             
tradition of supporting higher education by making timely                                                                       
improvements to its current advanced college tuition                                                                            
payment program and establishing a second tool called the                                                                       
Alaska Education Savings Trust.  He explained that the                                                                          
program would continue to be administered by the University                                                                     
of Alaska and would require no new general fund                                                                                 
expenditures.  He pointed out that there was a proposed                                                                         
Committee Substitute before the Finance Committee of which                                                                      
he recommended the adoption.  He noted a small technical                                                                        
change to the CS that would not allow someone who is in                                                                         
arrears in child support payments to establish a trust                                                                          
until they have paid this debt.                                                                                                 
                                                                                                                                
Co-Chair Torgerson stated that he would not be offering                                                                         
amendment number one, which was suggested by the sponsor                                                                        
since it is included in the CS on page two, line two.  He                                                                       
added that the other clarification on the exemption from                                                                        
child support payments is on page four, line 16.                                                                                
                                                                                                                                
Tape: SFC - 99 #26, Side B, 10:55 am.                                                                                           
                                                                                                                                
ANN ALLEN, TIAA-CREF, [organization's full name not given]                                                                      
testified via teleconference from New York, supported this                                                                      
legislation.  She stated that her organization manages                                                                          
similar programs in nine other states.  She added that her                                                                      
organization's core business is pension plans for higher                                                                        
education and managing tuition savings account plans.                                                                           
                                                                                                                                
BOB MANLEY, Estate Planning and Tax Attorney, with Hughes,                                                                      
Thorsness, Powell, Huddleston & Bauman, LLC testified via                                                                       
teleconference from Anchorage, stated that he has practiced                                                                     
in this related field for 25 years.  He noted that he is                                                                        
part of an informal group of estate and tax attorneys who                                                                       
work pro bono by assisting with technical aspects of                                                                            
legislation.  He pointed out that he was not testifying on                                                                      
behalf of any organization and he voiced his support of                                                                         
this legislation.  He added that it has significant income                                                                      
tax, estate tax and money management advantages to                                                                              
Alaskans.                                                                                                                       
                                                                                                                                
JIM LYNCH, Interim Vice President of Finance, University of                                                                     
Alaska testified via teleconference from Anchorage, stated                                                                      
that he serves on the Executive Board for the college                                                                           
savings programs and he is the principal drafter of the                                                                         
Advances College Tuition Program for the University.  He                                                                        
offered that as part of his role on the Executive Board, he                                                                     
did participate in the drafting of section 529 and he                                                                           
argued the exempt status of the University's program before                                                                     
the national office of the Internal Revenue Service.  He                                                                        
noted that he supports this bill.                                                                                               
                                                                                                                                
Senator Wilken referred to page three, line 24 of version                                                                       
"V" of the committee substitute and suggested that the                                                                          
Committee insert the word "all" before the word                                                                                 
administrative.  He thought that the Committee envisioned                                                                       
this program to be self-supporting.  He pointed out by                                                                          
inserting this word; the Committee clearly defines for the                                                                      
future, that the Committee expects the participants to pay                                                                      
all administrative fees.                                                                                                        
                                                                                                                                
Senator Wilken made a motion to adopt version "V" of SB
186.  Hearing no objection, it was so moved.  He then made                                                                      
a motion to move amendment number two as proposed.  Hearing                                                                     
no objection, amendment number two was so moved.                                                                                
                                                                                                                                
Senator Wilken referred to page four, line four, he                                                                             
clarified this section that spoke to the funds on deposit                                                                       
not being considered by the University in regards to                                                                            
eligibility of state funded scholarships.  He pointed out                                                                       
that if this was a needs based scholarship, he thought that                                                                     
they should take into account funds on deposit.  He thought                                                                     
this section was in need of clarification in how this part                                                                      
of the bill relates to needs based scholarships.                                                                                
                                                                                                                                
Mr. Lynch responded that the intent of this section was not                                                                     
to affect need based scholarships.  He added that they                                                                          
could include the language "the state may not limit                                                                             
eligibility for state funded need based scholarships."  He                                                                      
added that right now the state has no funded programs for                                                                       
this type of scholarships.  Co-Chair Torgerson clarified                                                                        
that they should insert "need based" between funding and                                                                        
scholarship on page four, line five.                                                                                            
                                                                                                                                
Senator Wilken made a motion to move amendment number three                                                                     
allowing for on page four, line five, "except for needs-                                                                        
based scholarships" at the beginning of section (e).                                                                            
Hearing no objection it was so moved.                                                                                           
                                                                                                                                
Senator Wilken made a motion to move SB 186, version 1-                                                                         
LS1084\V with individual recommendations and attached                                                                           
fiscal note from the Department of Revenue.                                                                                     
                                                                                                                                
Senator P. Kelly added that the Department of Revenue                                                                           
fiscal note was dropped after the first Committee                                                                               
Substitute was drafted.  He stated that there was no fiscal                                                                     
impact through the Department of Revenue.  He continued                                                                         
that at one time they administrated the college pre-paid                                                                        
tuition program and they no longer do this.                                                                                     
                                                                                                                                
ADJOURNED                                                                                                                       
                                                                                                                                
Co-Chair Torgerson, hearing no objection to the motion as                                                                       
stated, SB 186 was MOVED FROM COMMITTEE.  He adjourned the                                                                      
meeting at 11:05 a.m.                                                                                                           
                                                                                                                                
                                                                                                                                
SFC-00 SS1 (1) 02/11/00                                                                                                         

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